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Date : 26-11-2024 Heard learned counsel for the petitioner and I intend to dispose of the present petition at the stage of admission itself.

2. Despite valid service of notice, none has entered appearance on behalf of the respondents.

3. The learned counsel for the petitioner submits that in the instant petition, the petitioner is challenging the order dated 08.09.2023 passed by the learned Sub Judge-XIII, Patna in Eviction Suit No. 123 of 2013 whereby and whereunder the application dated 06.02.2018, filed by the plaintiff/petitioner Patna High Court C.Misc. No.1236 of 2023 dt.26-11-2024 under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the BBC Act'), has been rejected. The learned counsel further submits that the petitioner is the plaintiff in the eviction suit and has brought the suit against the respondents, which is a partnership firm and its partners. The learned trial court did not pass any orders on the aforesaid application merely holding that the plaintiff has not submitted any document regarding relationship between the parties as landlord and tenant and did not show any paper which could clear the fact about the rent fixed between the parties and, thus, the learned trial court held that it was difficult to determine the rent and pass the order under Section 15 of the BBC Act. The learned counsel further submits that the finding of the learned trial court is perverse as the plaintiff has specifically pleaded in paragraph 6 of his plaint that rent @ Rs. 25,000/- per month was fixed and there is no denial from the side of the defendants/respondents to the said fact. Rather the defendants/respondents have admitted in paragraph 2 of their application for leave to defend the suit that there is relationship of the landlord and the tenant between the plaintiff and the defendants. In the light of these facts, the learned trial court not passing any order is very surprising. The learned counsel further Patna High Court C.Misc. No.1236 of 2023 dt.26-11-2024 submits that the respondents have been avoiding appearance before this Court despite valid service of notice and the same modus operandi has been adopted by the defendants before the learned trial court as well.

4. Perused the records.

5. I find some merit in the submission of the learned counsel for the petitioner. The conduct of the learned trial court in not passing any orders on the application filed under Section 15 of the BBC Act is most unfortunate and should be deprecated .

6. In such view of the matter, without going into the merits of the case, the learned trial court is directed to pass a reasoned order on the application dated 06.02.2018 filed on behalf of the plaintiff/petitioner under Section 15 of the BBC Act within two weeks from the date of receipt/production of a copy of this order, since the court cannot keep the matter pending saying that it is difficult to determine the rent and pass orders under Section 15 of the BBC Act.